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Public Act 096-0305


 

Public Act 0305 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0305
 
HB3726 Enrolled LRB096 09378 AJO 19535 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1602 and 13-218 as follows:
 
    (735 ILCS 5/2-1602)
    Sec. 2-1602. Revival of judgment.
    (a) A petition to revive a judgment may be filed revived in
the seventh year after its entry, or in the seventh year after
its last revival, or in the twentieth year after its entry, or
at any other time thereafter within 20 years after its entry if
the judgment becomes dormant. The provisions of this amendatory
Act of the 96th General Assembly are declarative of existing
law.
    (b) A petition to revive a judgment shall be filed in the
original case in which the judgment was entered. The petition
shall include a statement as to the original date and amount of
the judgment, court costs expended, accrued interest, and
credits to the judgment, if any.
    (c) Service of notice of the petition to revive a judgment
shall be made in accordance with Supreme Court Rule 106.
    (d) An order reviving a judgment shall be for the original
amount of the judgment. The plaintiff may recover interest and
court costs from the date of the original judgment. Credits to
the judgment shall be reflected by the plaintiff in
supplemental proceedings or execution.
    (e) If a judgment debtor has filed for protection under the
United States Bankruptcy Code and failed to successfully
adjudicate and remove a lien filed by a judgment creditor, then
the judgment may be revived only as to the property to which a
lien attached before the filing of the bankruptcy action.
    (f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be final,
appealable, and enforceable.
    (g) This Section does not apply to a child support judgment
or to a judgment recovered in an action for damages for an
injury described in Section 13-214.1, which need not be revived
as provided in this Section and which may be enforced at any
time as provided in Section 12-108.
(Source: P.A. 92-817, eff. 8-21-02.)
 
    (735 ILCS 5/13-218)  (from Ch. 110, par. 13-218)
    Sec. 13-218. Revival of judgment. A petition to revive a
judgment, as provided by Section 2-1601 of this Code, Judgments
in a circuit court may be filed no later than revived as
provided by Section 2-1601 of this Act, within 20 years next
after the date of entry of such judgment and not after; and the
provisions of Section 13-217 of this Act shall apply also to
this Section. The provisions of this amendatory Act of the 96th
General Assembly are declarative of existing law.
(Source: P.A. 83-1362.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2009